Selection against Recruitment Rules was struck down by CAT

The Central Administrative Tribunal or CAT is adjudicatory authority established under the Administrative Tribunal Act, 1985 to adjudicate all disputes pertaining to recruitment and conditions of services of person appointed to public services or post under control of government of India or any local authority within the territory of India.

The CAT bench at Ernakulum on Monday in Sainudheen Kallikagothi v. Director of Education Lakshadweep, Union territory of Lakshadweep, Saheda Mundikorhige in Original application No. 368 of 2011 directed Union Territory of Lakshadweep to start fresh selection procedure for a vacant post  in the education department that was filled by recently concluded selection process on the ground that the selected candidate that was chosen for the post was selected on the basis of a merit list that violated the Recruitment Rules laid down for the post.

CAT was hearing the petition filed by one of applicant to the post of mahal translator in the education department who contended that the selection process was unjust and violated his fundamental right for equal opportunity in public employment. The applicant sought quashing of the result of selection process and direction for re conduction of the test.

The notification inviting applications for the post stated that recruitment shall be done purely on the basis of the academic merit of the candidate with any higher degree and experience given preference. The Recruitment Rules for the respective public employment also provided that recruitment of direct recruits shall be on the basis of the qualifications Pre-Degree-Equivalent and thorough knowledge of Mahal Language. The Recruitment Rules however did not provide for mechanism to assess the knowledge of mahal language and the recruitment Committee was also not authorised to judge the merit of the candidates and therefore the recruitment committee recommended a written test and interview for the post.

The recruitment committee gave the 85 per cent weightage to the written test in comparison to 8 per cent weightage to Basic qualifications for the selection of the candidate. The Tribunal observed that the said criteria for selection (awarding of marks) was clearly not in accordance to Recruitment Rules and observed that there was huge variance in the selection criteria as prescribed by the recruitment committee and as stipulated under the Recruitment rules that stipulate that only marks obtained in the Pre-degree or equivalent shall be reckoned for assessing the academic merit of the candidates.

The tribunal observed that permission for formulating the criteria was also not taken from the Administrator before formulating the criteria and further observed that the Recruitment committee could only supplement the Rules and not change the Rules. The tribunal observed that the merit list prepared as per the illegal criteria was illegal in nature.

The tribunal observed that candidates could have been shortlisted as per the marks obtained in the written test and interview to assess the proficiency in Mahal language and the committee could thereafter have selected candidates from this list on the basis of marks obtained their pre-degree or equivalent exam and thereby could have carried out the selection process in accordance to the Recruitment Rules. The tribunal also observed that results from the written test, interview and marks in pre-degree or equivalent should have been published.

The tribunal also took note of the fact that selection process (question paper was prepared) included relative of the candidate selected for the post indicating irregularity and thereby observed that the relative of the candidate should have disassociated himself from the selection process.

The tribunal directed that candidate selected for the post who is respondent 3 in the suit to choose to continue working on the post till new person selected for the post arrives and quashed the previously held selection process and directed conduct and completion of fresh selection process in accordance to the Recruitment rules in 4 months. The tribunal also directed that the notification inviting applications for the post should indicate how the knowledge in mahal language should be tested. The tribunal also directed any person associated with the candidate to the post should not be associated with the selection test.